Connie Egan
North Down · Alliance Party · Northern Ireland
“As the Minister referenced in her opening remarks, creating a legislative assumption that hate crime victims are to be treated as being eligible for assistance on the grounds of fear and distress will give them deeper assurance that they will not be put into a traumatic and distressing situation in which they are forced to engage with the…”
“Being a victim of or a witness to a crime can be one of the most traumatic and challenging periods in one's life. It is therefore vital that, when entering the justice process and throughout it, people have confidence that it will be as fair, trauma-informed and comprehensive as possible.”
“Minister Long's proactive step to create that role before the legislation was introduced served the dual purpose of giving victims and witnesses as much of a voice as possible in the here and now and testing some of the responsibilities that could end up in primary legislation.”
“When I speak to victims who have engaged with the commissioner's office and ask them about their experience, their answer is always one that is grateful in nature. They highlight the importance of having someone independent who listens to them and engages with their experience.”
“Clause 27 addresses a future legal gap caused by the implementation of direct committal, limiting the power to dismiss charges involving the death or serious physical harm of a child or vulnerable person. <BR /> <BR />Part 3 provides for the creation of regulations and orders, including the commencement of the provisions.”
“Clauses 24 and 25 add offences that involve aggravation by hostility, otherwise known as "hate crimes", to the list for which witnesses are eligible for special measures.”
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“I am genuinely curious to hear which organisations you are referring to. None come to mind.”
“Clause 27 addresses a future legal gap caused by the implementation of direct committal, limiting the power to dismiss charges involving the death or serious physical harm of a child or vulnerable person. <BR /> <BR />Part 3 provides for the creation of regulations and orders, including the commencement of the provisions. <BR /> <BR />We cannot go back in time and rewrite some of what victims and witnesses have experienced in our courtrooms or at any other point in their justice journey, but we can look to the future and support the provisions with their experiences at the forefront of our decision-making. I look forward to engaging on the Bill during the Committee Stage to ensure that, on completion, we have a Bill that delivers a better and increasingly trauma-informed justice system.”
“When we talk about a victim getting their day in court, it is sometimes forgotten that they are often treated as a witness for the prosecution rather than as someone who has their own legal counsel. When the defence counsel requests records that contain extremely sensitive and personal information, such as the medical and sexual history of a victim or witness — that is questionable to begin with — it is only right that the victim has a right to put forward their own representations.”
“As the Minister referenced in her opening remarks, creating a legislative assumption that hate crime victims are to be treated as being eligible for assistance on the grounds of fear and distress will give them deeper assurance that they will not be put into a traumatic and distressing situation in which they are forced to engage with their perpetrator in court. <BR /> <BR />Clause 26 will put into statute deeper protections for complainants in proceedings for sexual offences. That will improve the exercise of when pretrial applications for disclosure or admission of evidence are submitted, giving victims more opportunities to be part of the judicial decision-making process. That is a really welcome addition to the Bill, particularly as we often hear from victims who feel as though their wishes are not respected or even heard.”
“Clauses 24 and 25 add offences that involve aggravation by hostility, otherwise known as "hate crimes", to the list for which witnesses are eligible for special measures. The clauses also amend the Criminal Evidence (Northern Ireland) Order 1999 to ensure that no person charged with an offence involving aggravation by hostility can cross-examine a witness who is the complainant. That is a great development in our protective laws for victims of crime. <BR /> <BR />As is noted in Judge Marrinan's review of hate crime legislation, victims and witnesses not having special measures can dissuade victims from giving evidence out of fear of having to face the perpetrator or the defence in a traumatic and distressing way.”
“When I speak to victims who have engaged with the commissioner's office and ask them about their experience, their answer is always one that is grateful in nature. They highlight the importance of having someone independent who listens to them and engages with their experience. They feel supported in a way in which victims and witnesses would not otherwise feel. That is why putting the commissioner role on a statutory footing is so important. It will create a constant reminder and a voice for victims and witnesses and a vehicle to embed those perspectives in policy and service development across our criminal justice agencies. <BR /> <BR />Part 2 is also very welcome, because it legislates on criminal evidence and procedures that will improve the experiences of victims and witnesses across their justice journey.”
“Minister Long's proactive step to create that role before the legislation was introduced served the dual purpose of giving victims and witnesses as much of a voice as possible in the here and now and testing some of the responsibilities that could end up in primary legislation. <BR /> <BR />The commissioner designate role has been a clear success. Like others, I thank Geraldine for everything that she and her office have done so far. She and her team have embodied why the role is so important. Like many of us here, I have engaged with them on numerous occasions, in particular about the experiences of domestic abuse victims in the family court system. There has to be kindness in such a role, given that you come across many people in the most vulnerable moments of their life, and that kindness is definitely delivered.”
“As, hopefully, the Bill moves from this stage to the next, I look forward to engaging with each organisation and individual of interest in our call for evidence. <BR /> <BR />Part 1 of the Bill places the appointment and remit of the Commissioner for Victims and Witnesses of Crime on a statutory footing, making it clear that the commissioner must monitor compliance with the Victim Charter by charter service providers. It will also require criminal justice organisations to provide statistical victim information. Alliance wholly welcomes that. Its benefits are clearly evidenced by the current commissioner designate role occupied by Geraldine Hanna.”
“Being a victim of or a witness to a crime can be one of the most traumatic and challenging periods in one's life. It is therefore vital that, when entering the justice process and throughout it, people have confidence that it will be as fair, trauma-informed and comprehensive as possible. It is for that reason, as we work to improve the experience of everyone impacted on by crime, that I thank Minister Long and her officials in the Department of Justice for their efforts to introduce the Bill as quickly and diligently as possible. It is clear that, when consulted on, the Bill's content overwhelmingly tested well with the public, particularly in the exercise that closed early last year on its proposals. The Justice Committee received a lot of pre-legislative interest in the Bill and its potential to deliver for victims.”
“It is imperative that victims and witnesses be supported, represented and safeguarded throughout their justice journey. Alliance welcomes the introduction of the Bill, in its three Parts, as a way to achieve that.”
“On behalf of the Alliance Party, I am proud to contribute to the Second Stage debate on Minister Long's Victims and Witnesses of Crime Bill. As the Bill's explanatory and financial memorandum states, it aims:”
“Thank you, Minister. In my constituency of North Down, the town of Donaghadee is particularly at risk of flooding. Earlier this year, the sea wall crumbled because of the effects of storm Chandra. What will your Department do to ensure better flood defences in the area and build resilience against the inevitable harsher weather conditions?”
“I support Minister Long's withdrawal of clause 28, which will enable the retention of a role for the taxing master. <BR /> <BR />Accountability and transparency when it comes to public money and access to justice are vital. The amendments in the group support both objectives, as well as the ambition that I am sure that all of us around the Chamber share, which is to build a justice system that is sustainable in the long term.”
“<BR /> <BR />On that, Alliance welcomes Naomi Long's amendments to the Access to Justice (Northern Ireland) Order 2003 that clarify that the provisions on remuneration to providers of services under legal aid can apply to anyone. As Minister Long stated, that does not change the current legal position but instead makes the current provisions explicit in their meaning. The current arrangements have also been noted with concern by the Public Accounts Committee, highlighting the lack of Assembly scrutiny over that area of public spend. During Committee Stage, there was much engagement on that issue with interested stakeholders, including those from across the legal profession, and I thank them for their time and feedback, which was noted.”
“Respect for the rule of law and efficient, competent justice systems are critical for a healthy and shared society. Legal aid plays a fundamental role in ensuring that victims, witnesses and defendants enter into a justice system that delivers both fairly and effectively. We need a justice system where public money is used responsibly, with clear markers that show proportionate value to spend. That is why it gives me deep concern that, as Minister Long set out in her opening remarks, the Assembly has very little oversight of around 25% of legal aid expenditure — approximately £30 million per annum — whereas the other 75% is subject to arrangements that are set out in secondary legislation.”
“For that reason, the arrangements that govern it must be as straightforward and practicable as possible to navigate. The Minister's amendments achieve that.”
“Deliberations during Committee Stage also found support across various organisations, including the Policing Board, Victim Support, the National Crime Agency and the Northern Ireland Association for the Care and Resettlement of Offenders. The approach outlined is proportionate and evidenced, and we welcome it entirely. <BR /> <BR />I will now set out the Alliance Party's support for amendment Nos 94, 95 and 129, which amend section 113A of the Police Act 1997 to include a new and more user-friendly list of non-filterable offences in Northern Ireland for AccessNI standard and enhanced checks. Alliance welcomes the streamlining of arrangements for the list of specified offences. AccessNI plays an important role in public protection, community safety and safeguarding our most vulnerable.”
“Reducing the rehabilitation periods for existing convictions and expanding the list of those that can become spent will help former offenders integrate into the community and wider society. Rehabilitating offenders is essential in the work to create a safer society for everyone, and, while I know that the Minister has already outlined her detailed consideration of that, I draw particular attention to the clear public and service provider support that her Department has received to bring it forward. <BR /> <BR />Rehabilitation periods have remained largely unchanged since they were first introduced in 1978, and the Department's 2021 consultation received support from 97% of respondents for their reduction, recognising the benefits that it can bring in helping previous offenders find employment and a life beyond the justice system.”
“In that vein, Alliance is also content with that amendment as, when asked, the chief inspector made clear the preference for the Department's proposed model and CJINI's active involvement in its design. I thank officials who came before the Committee to discuss the underpinning practice standards and accreditation framework to ensure consistent quality of practice. There has been strong engagement on that in parallel with the Bill. In summary, amendment No 87 is welcome as we work together across the Executive to ensure that minimum standards are in place for accredited organisations and individuals delivering restorative justice work. <BR /> <BR />Alliance also welcomes amendment Nos 92 and 93 from Minister Long to amend article 6 of the Rehabilitation of Offenders (Northern Ireland) Order 1978.”
“That, alongside an independent review of the 2007 restorative justice protocol, sent a strong message about how serious we are about this. It is clear that the result of that review and the publication of a revised protocol in the summer of 2023 have influenced much of the amendment's content, expanding opportunities for individuals rather than organisations alone, creating mechanisms for reporting from those accredited practitioners and the adaptation of the role of CJINI to complete post-accreditation checks. <BR /> <BR />I recognise that, during the Committee Stage, the role of CJINI was debated at length, with concerns put forward that the inspectorate should be involved in the initial accreditation process rather than the monitoring and evaluation of ongoing practice alone.”
“That transfer of relevant powers found in section 43 of the Justice and Security (Northern Ireland) Act 2007 is entirely welcome and, as the Minister pointed out, follows the Secretary of State's original agreement for transfer in 2019. The Justice Bill has presented the best and most emergent opportunity to put those provisions on the statute book in this mandate, particularly in the context of its shortened length. <BR /> <BR />Amendment No 87 is also particularly welcome in the context of the steps that the Minister and the wider Executive have already taken to promote restorative justice across the region, including the 2022 publication of Northern Ireland's first adult restorative justice strategy (ARJS).”
“At its core, it is about repairing harm, but that would not be possible without effective partnership and third-party facilitation, so it is vital that those whom we entrust to undertake the processes are sensitive, skilled and the right match for the situation at hand. <BR /> <BR />By passing amendment No 87 and placing a duty on the Justice Department to determine requirements for organisations and individuals seeking registration and accreditation to provide restorative services, we are embedding deeper credibility of that approach and recognising in law the importance of that practice for everyone across our society, particularly adult offenders.”
“I welcome the opportunity to make some remarks on the group of amendments from Minister Long relating to restorative justice schemes, rehabilitation periods for offenders and non-filterable offences from criminal record certificates. <BR /> <BR />One of the markers of a truly successful and credible justice system lies in the approach taken with offenders following their offending behaviour. Each of the amendments, in its own way, influences and shapes the next steps of what comes either hand in hand with or following sentencing. Restorative justice is fundamental for bringing together those who have been affected by crime, balancing accountability for the offender with closure for the victims and witnesses.”
“I do not think that anyone in the House could accuse me of not caring about violence against women and girls. For me, it is one of the most important issues to raise in the Chamber. Does the Member think, however, that it is interesting and notable that Women's Aid responded to the consultation on the minimum age of criminal responsibility to say that it feels that it is appropriate to raise it?”
“Thank you, Minister. The review does not seem to command the support that is required to deliver meaningful change and transformation. What engagement have you had with the universities in recent weeks to design a review process that will have support and buy-in from those who will be most affected by its outcomes?”
“We cannot minimise the experience of those victims. We must work together across the Assembly to drive real progress on that issue.”
“To be clear, it is not just about abuse between partners and those who have been in a relationship for some time. Hourglass data shows that adult children account for around 44% of alleged perpetrators who are known to victims. <BR /> <BR />Today, we must stand together to ensure that older people are not overlooked when it comes to abuse. To quote Hourglass:”
“That will only become more and more relevant as our population develops, as evidenced by the fact that it is expected that, as soon as mid-2027, there will be more people aged 65 and over than children aged nought to 15 in Northern Ireland. That is already the case in the area of Ards and North Down, where I am from. <BR /> <BR />We have to take seriously the experiences and treatment of older people. In 2024, Hourglass research revealed that one in five older people in the UK is a victim of abuse. If you project that on to Northern Ireland's population, it means that over 100,000 older people here have experienced abuse. Every victim's experience is different, and forms of violence and abuse can include financial exploitation and coercive control, medical gaslighting, withholding healthcare and, of course, physical and sexual violence.”
“That organisation calls for a proactive approach to safer ageing across the UK, lobbying to ensure that older people are not a blind spot in work to build a safe society that does not tolerate abuse in any way, shape or form.”
“Today is World Elder Abuse Awareness Day, which is coordinated by the charity Hourglass to raise the visibility of older people in the delivery of work and conversations around domestic abuse.”
“As work across our government on tackling domestic and sexual violence continues, it is vital that we centre our approach on the needs of victims and on delivering justice for those who face such abuse. Victims need to be heard and treated with respect. Today, I focus my statement on a group that can often feel that it is left behind in the progress that is being made: our older population.”
“<BR /> <BR />I also add my support to the amendment tabled by Members from different parties that amends requirements under the Criminal Justice Order 2008 relating to the seizure of vehicles that are being used to cause "alarm, distress or annoyance" to others. E-scooters are not toys. They have the potential to create serious harm, including risk to life, and, unfortunately, we have seen that in Northern Ireland in recent weeks. It is an issue that I and, I am sure, all Members have received contact on through our constituency offices. The unruly and dangerous usage of e-scooters is becoming more common. Those using them often put themselves, other road users and pedestrians in danger. I welcome the amendment's goal in giving the PSNI more tools to tackle reckless behaviour on our roads and footpaths.”
“I am not saying that it is not possible, but in the spirit of creating clear legislation, I would appreciate it if the Members could tell us about any engagement they have had with the PSNI on conducting preliminary drug testing and what their intentions are in relation to the amendment. <BR /> <BR />That said, we have to do everything possible to ensure safety on our roads. That includes doing everything possible to prevent the harm that can happen from drugs. In that spirit, and in the spirit of ensuring no further delay to important steps being taken, Alliance will support the amendments, though we wait in anticipation for the Further Consideration Stage and the development of information from bodies, such as the Department for Infrastructure and the PSNI, on what is practically needed in order to commence the amendments.”
“I would be open to a response to that if the proposers would like to intervene on their intentions behind that, or perhaps they could provide clarification in later remarks. <BR /> <BR />I also note that amendment No 75 continues in the same thread, editing article 17 of the Road Traffic Order 1995 to move the PSNI away from having the "power to administer preliminary tests" if an officer on the ground reasonably suspects that a traffic offence or accident has occurred by the person driving or trying to drive a motor vehicle to, instead, an officer having a legal duty. Again, we have to ensure that the standards that we put in legislation can be fully and realistically met at this time.”
“<BR /> <BR />It is my understanding that amendment No 74 inserts a new clause into the Road Traffic Order 1995 to give the PSNI powers to run an authorised checkpoint drugs test, making it an offence for a person not to cooperate "without reasonable excuse". Whilst my party and I intend to support that and the other amendments listed, I want to raise concerns about some potential unintended consequences that could leave officers open to criticism or challenge. For example, article 17CB(6) references "reasonable excuse". We would like to know what defines "reasonable" on the ground so that the rights of those at the scene and the officers administering those tests know their duties.”
“Her family and loved ones are in my thoughts today as we work together to ensure that these proposals are as watertight and practicable as possible. These amendments, if successful, would provide police officers with additional tools for investigating crime and prevent further serious and fatal incidents from happening in the first place. <BR /> <BR />From the outset, I really welcome the intention behind this. Last year, the PSNI ran a winter campaign on drink- and drug-driving that saw over 100 drivers under the influence arrested in the first 15 days alone. Those drivers' lack of concern for the safety of others and themselves is shocking.”
“I felt compelled to stand up today and make some remarks on the amendments moved by my colleagues across the Chamber that propose legislative changes on testing for drug consumption among those driving motor vehicles on our roads. When you talk to the everyday person in our constituencies and ask them what they want to see from us as elected representatives, often one of the answers is, "Fix the roads, make them better and make them safer". That rings particularly true for our communities in North Down following the devastating and tragic loss of 16-year-old Jaidyn Rice, who was killed by a driver in July last year. Jaidyn was a wonderful young woman whose passion and determination for bettering the world around her continue to shine out of everyone who met her and who now speaks of her.”
“Does the Minister agree that it is quite strange that those who will be voting against my amendment and who want to keep those laws on our statute book have not come forward with any ways in which they think that those laws should be used? They are not used, so what is the point in having them? Those Members have not come forward with any proposals on how the laws should be used. Maybe you can confirm: have they asked you to produce any sentencing guidelines? What should the punishment for blasphemy be if it is on our statute book?”
“Does the Member accept that the offence of blasphemy has since been repealed in England? Can he point me to any negative consequences of that for freedom of religion and belief in England or any other part of the United Kingdom or the Republic of Ireland?”
“For me, the fact that it is not used is an argument to get rid of it, because, being superfluous, it does not matter. It should not be there if it is never used. It is about updating our legislation. <BR /> <BR />I agree with a lot of what you are you saying — Christianity is a valued religion in this society — but I want everybody to be able to freely express their religion, which is why I tabled the amendment.”
“Thank you. I appreciate the fact that you have been generous with your interventions. It is a different question. If you are going to vote against my amendment, you must think that blasphemy legislation should remain on the statute book. You are perfectly entitled to think that and to vote that way, but I am struggling with your argument. You made the point that you see some groups making offensive remarks about the Christian religion. Have you called the police about those groups? Blasphemy is a crime that is on the statute book, so have you asked the Minister of Justice to produce sentencing guidelines for the crimes of blasphemy and blasphemous libel? If you want that provision to remain on the statute book, do you think that it should be used?”
“I was glad to hear the proposer of the amendments, Paul Frew, agree to work with the Justice Minister and her Department to ensure that we can get the legislation right, because it is a really important issue. The use of animals in domestic abuse is completely unacceptable, and we need to make sure that those protections are there. I welcome that, and, hopefully, we will come back to it at Further Consideration Stage to ensure that we get the legislation right. It will be beneficial, and, for that reason, the Alliance Party supports the amendments.”
“I appreciate the intent behind that, but I want to recognise the fact that our legislation in Northern Ireland was designed in the first place not to specify types of abusive behaviour for this reason: to create a broad and flexible definition of domestic abuse that could include such factors as the abuse of or threats to pets as a tool of coercion and control from the outset. <BR /> <BR />The second part looks at including animals in domestic abuse protection notices (DAPNs) and domestic abuse protection orders (DAPOs). That also ensures that the regulation of DAPOs takes an approach that is consistent with some civil orders, including non-molestation orders.”
“as behaviour amounting to domestic abuse.”
“My Alliance Party colleagues and I plan to support that amendment to civil law, and I thank the Members for tabling it. <BR /> <BR />From my understanding, the DUP's latter amendment on that matter is split into two parts, the first of which amends the Domestic Abuse and Civil Proceedings Act (Northern Ireland) to specify:”
“It covers cases where women have been trafficked and where they are being coerced. Alliance is of the impression that those measures will help reduce sexual exploitation across the island and assist law enforcement with bringing to justice those who cause such egregious harm. <BR /> <BR />I now move to the DUP amendments that seek to introduce Ruby's law to Northern Ireland. Domestic violence and abuse have no place in our society. Coercive control of any kind, including through the use of animals, is insidious. All of us, across the Assembly, must condemn it. Amendment No 88 amends the 1998 Family Homes and Domestic Violence (Northern Ireland) Order in order to explicitly recognise as a form of coercive control harm or threats to harm companion animals.”
“I hope that the amendment being passed today will give them some comfort that we are listening and acting. <BR /> <BR />Through our work on the APG, we heard much evidence relating to online platforms that are used to pimp out victims, usually women, and move them around the island systematically in order for them to be exploited. That movement is done to ensure that the perpetrators do not get caught but also because the victims are so beyond commodification that those who buy the services want someone new every week. The amendment creates an offence of advertising sexual services for payment, including online — on websites or social media, for example — when those services will be provided by another person. Importantly, it also brings in coercion: when the person has been coerced into offering sexual services for payment.”
“<BR /> <BR />As vice-chair of the all-party group on modern slavery and sexual exploitation, I welcome amendment No 78 and thank the Members for tabling it. In the APG, we are undertaking an inquiry relating to adult services websites and the role of online platforms in facilitating trafficking and non-consensual sexual activity, which is abuse. I will never forget what I have heard in those evidence sessions about the horror and violence that is inflicted primarily upon women and teenage girls. I join the Justice Minister in paying tribute to Rebecca Whyte. Rebecca Whyte has been incredibly brave in sharing her story. I thank her for coming to the all-party group. She shares her story to help other women who are in the same situation that she and Caitlin Hanna were in.”
“There was plenty of discussion on that in the Justice Committee evidence sessions. During those, we found out that the PSNI does not currently enforce vagrancy provisions, which, again, highlights their outdated nature. It is important that we do not criminalise people who are simply begging and not otherwise engaging in behaviour that would result in a criminal offence. In our Committee sessions, we also heard feedback from Retail NI and the business sector, which put forward concerns about criminal activity in that regard. Alliance will support amendment Nos 71 and 72, tabled by DUP colleagues, which create offences of trespassing with intent to commit a criminal offence and of arranging or facilitating begging for gain, if amendment No 70 is passed. Otherwise, we believe that that could put vulnerable people at further risk.”
“The existence of blasphemy and blasphemous libel as offences in Northern Ireland creates a hypocrisy. It diminishes the weight of the UK's vital interventions in that space. I hope that I have the support of all parties and Members to finally abolish those archaic provisions. <BR /> <BR />Amendment No 70, tabled by the Justice Minister, repeals section 4 of the 1824 Vagrancy Act and the 1847 Vagrancy (Ireland) Act. Those Acts contain more archaic offences that have no place in a modern society. Homelessness needs a social welfare response, not a criminal one. Those Acts' provisions operate only to criminalise a wide range of poverty-related behaviours, including criminalising rough sleeping in Northern Ireland. They do not represent what I, my party and the majority of people across this region think about homelessness.”